Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

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is a car I Financed personal property

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  • is a car I Financed personal property

    i still make payments.I ask this because my state has a 1,000 exemption law.iI will be under 1,000 with out the financed Car if it is personal property then over

  • #2
    Personal property is anything that is not Real Property. Real Property is land and things permanently attached to land. Is that what you're asking?
    Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.


    • #3
      no, I am asking do I have to add a car I making payments on to my list


      • #4
        Yes, you do need to include it in the bankruptcy. Are you thinking of filing pro se? I ask because if you are, you're not ready yet. Every debt you owe must be listed in the bankruptcy. Your State probably has an exemption specifically for a motor vehicle.

        I highly suggest that if you're filing pro se, that you at least get the NoLo guidebook to filing Chapter 7.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        I am not an attorney. Any advice provided is not legal advice.


        • #5
          This is not the Bk, this is from the judgement I have,the subpoena,sorry I didn't say that.i am looking for a lawyer still for the BK is it my car or the bank I make payment to.if it's mines then I got to add it to the personal pro list, if it is the bank then I am under 1000 my state has a exemption law of 1000
          Last edited by ulita; 02-28-2011, 06:54 PM. Reason: if fought to add a line


          • #6
            Yes, it is a form of personal property.

            If the thing is not attached to the ground, or attached to the thing that is attached to the ground, in the broadest sense, it is personal property. A car is most definitely personal property.

            It is odd, most of these questionnaires usually separately ask about vehicles, but oh well.


            • #7
              Since you are in NJ, you really want to be thinking about using Federal Exemptions, not the state ones.


              • #8
                All this is a Court Order fro the lawyer who won Judgement.If the car is stiil the bank I do not have to claim it. Thank you I got a meeting with a lawyer in a week So I ask her


                • #9
                  If I understand you correctly, this is not for filing a bankruptcy but a creditor does have a judgment against you. If this is the case, the creditor can seek a Writ of Execution against you and seek to levy on your property. $1,000 is exempt from creditors. However, if you are still paying off the bank for the car loan, the creditor can still levy on your car, but subject to the loan. This means that if the car is worth $3,000 and your car loan is $2,000, the creditor needs to pay of your loan in order to get it. This would probably make it unattractive for a creditor to try to take the car.

                  The information provided is not and should not be considered legal advice or establish an attorney/client relationship. Nor do I promise or guarantee that the information contained on this post or any linked site is accurate, correct, complete, or current. You should seek the advice of competent counsel licensed to practice in your state to answer specific legal questions.
                  This information is not legal advice and does not establish attorney/client relationship. I do not guarantee that this post is accurate or complete. Please seek the advice of counsel licensed to practice in your state to answer legal questions.


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